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California

Employment Lawyer Network:
California

Joseph L. Beachboard (Editor)

California Employment Law

Joe.Beachboard@OgletreeDeakins.com
(213) 239-9800

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Joseph L. Beachboard is a nationally recognized expert on employment law issues who speaks regularly at SHRM and other HR events. He also is a regular contributor to several national and California publications. In 2000, Mr. Beachboard sold The Labor Letters, Inc., a publisher of monthly employment law journals that he founded to advise human resource professionals. He is a founding member and executive director of the Management Employment Law Roundtable, a national, invitation only, organization of management labor and employment lawyers.

Equestrian centers must pay $1.2M in back wages

04/10/2019
Two prestigious Northern California show horse training stables will pay 30 current and former employees $1,270,683 in back wages after a U.S. Department of Labor investigation revealed they violated H-2B visa regulations, the Fair Labor Standards Act and the Migrant and Seasonal Agricultural Worker Protection Act.

With stroke of a pen, court sends case to arbitration

04/10/2019
A federal court considering a discrimination claim has ordered the case to arbitration despite the fact the court found some sections of the arbitration agreement unconscionable.

Class-action addresses H-1Bs and national origin bias

04/10/2019
A class of white, American former IT workers have been given the go-ahead to sue a company that employs large numbers of H-1B visa holders who are predominately from South Asia.

Griping about minor rulebreaking doesn’t count as whistleblowing

04/10/2019
Do you have employees who are always tattling on co-workers about minor rulebreaking? If so, don’t worry too much that the complaining employee can spin that into protected activity under the California Labor Code’s whistleblowing provisions.

No interference with obtaining employment if ex-employee already has job

04/10/2019
California’s Labor Code includes provisions to protect former employees from attempts to interfere with their ability to get a new job. Now a California appeals court has clarified that this only applies to efforts to obtain employment, and not to misrepresentation after the former employee has begun work.

Employees may be due partial pay if they show up for work, only to be sent home

04/10/2019
Historically, California’s wage order system has required at least partial payment for cancelled or shortened shifts. In effect, that functions as a penalty for employers that schedule more workers for shifts than they ultimately need.

ADA process ends once request is granted

04/10/2019
What happens if the employer and the disabled employee immediately agree on an accommodation? A California appeals court has ruled that the interactive process can end right there.

Union member sentenced for defrauding health plan

04/09/2019
A scheme to defraud the International Longshore and Warehouse Union’s health plan has earned a Southern California longshoreman a year-long prison sentence, along with a requirement to repay $201,000.

Document why discipline may have differed

03/20/2019
Before you discipline any employee, review how you handled similar situations in the past. If you decide to discipline more harshly in a new case, be sure to detail in your records exactly why.

Supreme Court upholds interstate driver arbitration agreement

02/22/2019
The U.S. Supreme Court has held that the Federal Arbitration Act did not apply to wage claims brought by an interstate truck driver, even though the plaintiff was classified as an independent contractor.